Widow Sues after Husband Died Twice at the Hospital

According to court documents filed in Monroe County,. Tammy Cleveland says her husband, Michael, was still alive when an emergency room doctor declared him dead last year.

Cleveland claims in her suit that if the medical staff had listened to her at the time, her husband might have survived.

The lawsuit states that Michael Cleveland, 46, was at the grocery store last October when he had an apparent heart attack. Cleveland was taken to DeGraff Memorial Hospital where Dr. Gregory Perry pronounced him dead just minutes after his arrival. Michael’s wife, Tammy, was told of his passing when she arrived at the hospital.

Doctors informed Tammy Cleveland that although it might appear as if her husband was breathing, he really wasn’t. Even though Michael Cleveland turned to his wife and responded to her, and in spite of showing other signs of life, such as throwing his arm over his wife to try and hug her, the doctor insisted that Michael Cleveland had passed on.

Tammy says the doctor never checked Michael’s vital signs until more than two hours after he had been declared dead.

“He actually stepped forward and put a stethoscope to his neck and said, ‘my god, he’s got a pulse’,” she recalls.

Michael Cleveland was transferred to Buffalo General Medical Center early the next morning where he was pronounced dead a second time.

Attorney for the Cleveland’s said that Michael Cleveland went into respiratory failure after a collapsed lung, possibly caused by a bystander’s efforts at CPR. Cleveland went too long without medical care and did not survive the heart attack.

A pre-trial hearing is scheduled for February 2016.

Sometimes, however, things can go wrong, and doctors, nurses and other healthcare professionals can make mistakes. That’s the time you want an attorney who specializes in this complicated area of personal injury law.

If you or a loved one believes they have suffered as a result of medical malpractice or medical negligence, contact the law offices of Bottar Leone, PLLC today. We will take the time to carefully evaluate your claim. One of our attorneys can then begin the process of getting you and your loved ones the compensation you deserve. Call us today for a free consultation and legal analysis.

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